The New York State Police has planned an Independence Day Traffic Safety Initiative to heighten the public’s awareness of the dangers posed by speeding, impaired driving and failure to properly use safety restraints. Starting today and running through Monday, July 6, patrols will pay close attention to motorists who may be violating any of these traffic laws.
“We have a commitment to protect all who are traveling on the highways this holiday weekend," said Major Christopher L. Cummings, Troop “A” commander. “If you are caught drinking and driving you will be arrested. We will not tolerate irresponsible driving behavior that puts others in danger."
Throughout the holiday weekend motorists should expect sobriety checkpoints and roving patrols committed to DWI enforcement.
“We are asking the public to use common sense, if you will be drinking plan on having a designated driver or use public transportation,” Cummings said.
According to the National Highway Traffic Safety Administration, during the Fourth of July holiday in 2007, there were a total of 200 traffic related fatalities. Of that number, 44 percent involved a driver or motorcycle rider with a BAC of .08 or higher.
In addition, troopers want people to be sensible and not use illegal fireworks in celebrating the Fourth of July. Their use often results in injury and disfigurement to the user, some of whom are children.
The State Police encourage everyone to leave the fireworks to the professionals and attend a fireworks display instead.
New York State’s Fireworks Law Section 270 of the penal code governs the possession, sale and use of illegal fireworks. Here's some key information to keep in mind:
- “Fireworks” include “any blank cartridge; blank cartridge pistol or toy cannon in which explosives are used, firecrackers, sparklers, or other combustible or explosive of like construction.”
- “Dangerous Fireworks” include “any fireworks capable of causing serious physical injury and which are: firecrackers containing more than 50 milligrams of any explosive substance, torpedoes, skyrockets and rockets such as Roman candles, bombs, sparklers more than ten inches in length or one-fourth of an inch in diameter, or chasers including all devices which dart or travel about the surface of the ground during discharge.”
- By law, fireworks do NOT include railroad or marine flares, or toy devices that use paper caps containing .25 grains or less of explosive compound. Such devices must be designed so that the hand cannot come in contact with the cap when in place for use.
- A person who possesses, uses or explodes any fireworks or dangerous fireworks is guilty of a violation.
- A person who offers, exposes for sale, sells or furnishes fireworks or dangerous fireworks to another person is guilty of a Class B misdemeanor; when the value of the fireworks is more than $500, the provider is guilty of a Class A misdemeanor.
- A person who offers, exposes for sale, sells or furnishes fireworks or dangerous fireworks to a person under age 18 is guilty of a Class A misdemeanor.
- A person who has been convicted of a fireworks violation during the previous five years and who offers, sells or furnishes fireworks to a person under age 18 is guilty of a Class E felony.
- Possession of fireworks or dangerous fireworks valued at $50 or more shall be a presumption that such fireworks were intended to be offered or exposed for sale.
